Main Alias Karuppaiah v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Main alias Karuppaiah .. Petitioner Vs.
1. The Deputy Superintendent of Police Usilampatti Division
2. The Inspector of Police Checkanoorani Police Station
3. The Sub Inspector of Police Vikramangalam Post Usilampatti, .. Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to grant permission and necessary protection to perform the Puratasi Pongal Thiruvizha from 27.09.19, 28.09.19, 01.10.19 to 03.10.19 at Arulmighu Sri Vinayagar Kovil, Perumal Kovil, Vadakuvasal Selliamman Kovil and Muthalamman Kovil at Nadumudalaikulam Village, Usilampatti Taluk, Madurai Distrit by consideirng the Petitioners representation dated 18.09.2019 For Petitioner : Mrs.Jessi Jeeva Priya For Respondents : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
This Petition has been filed to direct the respondents to grant permission and necessary protection to perform the Puratasi Pongal Thiruvizha from 27.09.19, 28.09.19, 01.10.19 to 03.10.19 at Arulmighu Sri Vinayagar Kovil, Perumal Kovil, Vadakuvasal Selliamman Kovil and Muthalamman Kovil at Nadumudalaikulam Village, Usilampatti Taluk, Madurai District by considering the Petitioners representation dated 18.09.2019.
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2. The learned counsel for the petitioner would submit that he has submitted various representations before the second respondent seeking permission to conduct Puratasi Pongal Thiruvizha from 27.09.19, 28.09.19, 01.10.19 to 03.10.19 at Arulmighu Sri Vinayagar Kovil, Perumal Kovil, Vadakuvasal Selliamman Kovil and Muthalamman Kovil at Nadumudalaikulam Village, Usilampatti Taluk, Madurai District. Till today the respondents did not even pass any order on the representation made by the petitioner and it is still pending. Therefore he sought for a direction from this Court to direct the second respondent to consider his representation.
3. The learned Additional Public Prosecutor would submit that there are rival parties and they also claiming right to conduct Puratasi Pongal Thiruvizha from 27.09.19, 28.09.19, 01.10.19 to 03.10.19 at Arulmighu Sri Vinayagar Kovil, Perumal Kovil, Vadakuvasal Selliamman Kovil and Muthalamman Kovil at Nadumudalaikulam Village, Usilampatti Taluk, Madurai District. He would also submit that during last year festival there was a dispute between two groups and they were not permitted to perform any festival.
4.In view of the limited prayer sought for in this writ petition and without going into the merits of the case , there shall be a direction to the second respondent to conduct enquiry between the petitioner and the rival party group headed by one Karuppaiah on the representation submitted by the petitioner dated 18.09.2019 and pass orders on merits and in accordance with law forthwith. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the rival parties.
5. With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) To
1. The Deputy Superintendent of Police Usilampatti Division
2. The Inspector of Police Checkanoorani Police Station 2/3
3. The Sub Inspector of Police Vikramangalam Post Usilampatti, +1cc to Mr.P.Jessi Jeeva Priya, Advocate, SR.No.89065 24.09.2019 aav JMN(24.09.2019) 3P : 5C 3/3